Issues raised by Royal Decree Act 1/2017, of 20 January, on urgent consumer protection measures in respect of interest rate floor clauses (“cláusulas suelo”)

1. Although may seem obvious, it seems to me that the breadth of the scope of application of the measures provided in the Royal Decree-Act, pursuant to art. 2(1) thereof, makes it necessary to bear in mind that this law cannot overstep res judicata and, therefore, does not apply to those cases where a final and conclusive judgment has limited the retroactivity of refunds…